BREAKING NEWS ..... ELECTION UPDATE .....
Judge Ed Newman has opposition. Assistant Public Defender and veteran criminal defense lawyer Manny Alvarez has filed papers to run for that seat.
Cap Out ....
Edward Locascio was charged as a principal and co-conspirator to his brother Michael’s killing of Defendant’s soon-to-be ex-wife, Silvia. The State’s theory of this wholly circumstantial case was, because the divorce proceedings between Edward and Silvia were so hotly contested, Edward was motivated to have his wife killed in order to avoid parting with his assets. In support of its theory, the State introduced voluminous testimony evidencing Defendant’s failures as a father, his unlawful tactics as a certified public accountant and investor, and his contemptuous behavior during the family law case. Along with the testimony of two divorce attorneys, spanning over three days of trial, the State presented documented evidence of Locascio’s acts of perjury, forgery, and subordination of perjury during the course of the divorce proceedings. The State highlighted this extrinsic evidence in both its opening and closing arguments, propagating to the jury that Locascio engaged in acts of “lying, frauding,” and “[behaving as a] CPA at his finest.”
Wait a second- didn't we say this was a PCA? Yep, it sure it. These facts are from Judge Shepherd's dissent. Judges Rothenberg and Lagoa didn't see fit to write anything other than "PCA".
Judge Shepherd continues:
It is well-settled law in this State that where evidence of an uncharged crime is inextricably intertwined with the charged offense, the extrinsic evidence is admissible “where it is impossible to give a complete or intelligent account of the crime charged without referring to the other crime.” See Simmons v. State, 790 So. 2d 1177, 1178 (Fla. 3d DCA 2001) (quoting Nickels v. State, 106 So. 479, 488 (Fla. 1925)). However, this Court recently has reaffirmed the rule of law which commands that such evidence shall not become a feature of the trial. See Morrow v. State, 931 So. 2d 1021, 1022 (Fla. 3d DCA 2006) (citing Bryan v. State, 533 So. 2d 744, 746 (Fla. 1988)). Whether the collateral crimes have become a feature of the trial is not measured simply by the number of references; however, “voluminous references to the collateral crime are evidence of a prohibited transgression.” Morrow, 931 So. 2d at 1023. A careful review of the record in this case reveals this is indeed a case of voluminous references. ...
Although I can agree with the State’s assertion that some of the extrinsic
evidence was necessary to establish Defendant’s motive, I cannot agree that all of
3it was, especially in light of the characterizations of Locascio as a fraud, a liar, a tax evader, and “a CPA at his finest.”As it appears the surplus was directed primarily at impermissibly attacking the defendant’s character, I would reverse the defendant’s convictions and remand for a new trial, heavily directing the State to apply an editing eye to its case-in-chief.
Rumpole ponders: How can two judges affirm a conviction and life sentence with nary a reason and one judge write a dissent, especially in a case as hotly contested as this one was at trial? Either Judge Shepherd is way off base, and his well reasoned dissent suggests this is not the case. Or the 3rd DCA has earned another stripe in its reputation as a court that often avoids the really tough cases. You make the call.
That's it for this edition. We'll address the other cases decided this week at a later time, unless we just decide to skip it all together and take the easy way out.
I disagree with every choice except the shumie.
The Ed Newman would be a juicy sliced Romanian tenderloin steak on a large crusty french bread with ketchup and steak fries on the side;
The Stan Blake would a a half pound of ham, nothing else, on pumpernickel. Onion rings on the side.
And now I add my own: The David Miller:
Sardines and chicken liver and sliced raw red onion on toasted white bread with boston lettuce and a large SOUR pickle on the side.
The John Thornton: Corned Beef and melted cheddar cheese with cooked onions on rye.
The Beth Bloom: Sliced apple and creme cheese on raisin pumpernickel with grapes on the side.
The Joe Fernandez: Grilled burger, grilled onion, grilled bun (grilled client?)
The Broward County Bench and Bar:
2-lb's of German Bologna Also known as Garlic Bologna, this sausage is typically distinguished by adding garlic. On a 2 foot Scotty Boy Sub, served very cold and open.
The Katy Pooler:
Bread with lots of candy in between the slices.
The Spencer Eig: Sliced belly lox on an onion bagel with chive cream cheese with a side of blintzes and sour cream and blueberry sauce. Decaf.
The Flora Seff: Dry toasted seedless rye, side of brown rice, no butter. Hot Tea.
The Julio Jimenez: Pan con Lechon, Yuca y Maduros. Pony Malta
The Cristina Miranda: 1/2 Grilled chicken breast on a crusty french baguette, melted Swiss, Dijon mustard, Iced Tea, side of Chanel Lip Creme.
The Alan Schwartz: Grilled Lawyer on a plate, challah to wipe up the blood.
The Jose Rodriguez - Ox Tail sandwich on Cuban Bread, Platano Maduro and Black Beans and Rice on the side. Light'm if you got'm for dessert.
BROWARD BLOG UNDER ATTACK- THE DBR ARTICLE IS HERE.
Some nincompoop - blowhard-slug who is (hold your nose....ughh) an insurance defense lawyer and who is president of some organization called the Broward County Bar Association (motto: "duhhh...we hate dade") is taking on Bill Gelin who runs the Broward Blog.
If you happen to be in some backwater sewer in Broward and bump into this insurance defense attorney crawling out from under some rock after denying coverage to an injured child, tell him that Rumpole says he doesn't like him.
BREAKING NEWS .....
The JNC has sent six names to Governor Crist tonight to replace Circuit Court Judge Norman Gerstein.
Judge Victoria Brennan
Judge Jose Fernandez
Judge Darrin Gayles
Judge Deborah White-Labora
CAPTAIN OUT .....
Wednesday, March 10, 2010 8:38:00 PM